California, United States of America
The following excerpt is from People v. Kennard, B208643 (Cal. App. 6/17/2009), B208643. (Cal. App. 2009):
The Fourth Amendment prohibits unreasonable searches and seizures. "A detention is reasonable under the Fourth Amendment when the detaining officer can point to specific articulable facts that, considered in light of the totality of the circumstances, provide some objective manifestation that the person detained may be involved in criminal activity." (People v. Souza (1994) 9 Cal.4th 224, 231; People v. Williams (2007) 156 Cal.App.4th 949, 958-959.)
"`The scope of the search must be "strictly tied to and justified by" the circumstances which rendered its initiation permissible.' [Citation.]" (Florida v. Royer (1983) 460 U.S. 491, 500.) It "will vary to some extent with the particular facts and circumstances of each case. . . . [A]n investigative detention must be temporary and last no longer than is necessary to effectuate the purpose of the stop. Similarly, the investigative methods employed should be the least intrusive means reasonably available to verify or dispel the officer's suspicion in a short period of time. [Citations.]" (Ibid.)
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